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Union of India - Section

Section 5 in The Explosive Substances Act, 1908

5. Punishment for making or possessing explosives under suspicious circumstances

.Any person who makes or knowingly has in his possession or under his control any explosive substance or special category explosive substance, under such circumstances as to give rise to a reasonable suspicion that he is not making it or does not have it in his possession or under his control for a lawful object, shall, unless he can show that he made it or had it in his possession or under his control for a lawful object, be punished,
(a)in the case of any explosive substance, with imprisonment for a term which may extend to ten years, and shall also be liable to fine;
(b)in the case of any special category explosive substance, with rigorous imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.]
Form of Charge6
[Sections 2 to 5 substituted by Act 54 of 2001, Section 3 (w.e.f. 1.2.2002).]
Form of charge under section 5I ,..............(name and office of the Court of Session),hereby charge you..............(name of the accused)as follows:That you, on or about the...............day of..............., at..............., made or knowingly had in your possession or under your control an explosive substance, namely,..............., under such circumstances as to give rise to a reasonable suspicion that you were not making or did not had it in their possession or under their control for a lawful object and thereby committed an offence punishable under section 5 of the Explosive Substances Act, 1908, and within my cognizance.And I hereby direct that you be tried by this Court on the said charge.